Legal Question in Military Law in New Hampshire

Good evening,

I was a contracted ROTC cadet who after 3 years was dis-enrolled from the program. The Air Force elected to involuntarily call me to active duty in lieu of paying my tuition back. I wasn't ordered to Active Duty until after I finished my degree(2 years later).

Once I arrived at Basic Training I was told that I was 2.13% over my BMI limit and that I would not be allowed to continue training and would be entry level separated from the Air Force. I had every intention to fulfill my two-year commitment and the Air Force would not allow me to serve.

That was two years ago; I recently went to refinance my auto loan and was notified of an outstanding debt from DFAS that had just gone into collection.

My Orders state "Member is involuntarily ordered to extended active duty on 24 JUN 2009 for a period of 2 years (unless sooner released)." The orders specifically state that I was called unless sooner released, which is what occurred.

I am now having to argue with DFAS, the Department of Treasury and the collection agency to get this resolved. Does anyone have experiance with this or could offer me any guidance on how to proceed.

I appreciate your help,

David


Asked on 7/20/11, 6:34 pm

1 Answer from Attorneys
James Hall Qua, Hall, Harvey & Walsh

Contact Ray Weicker at Qua, Hall, Harvey & Walsh. He is a former active duty JAG and reservist who was ROTC. Very knowledge of this and his office is in Chelmsford, MA. He is also a NH attorney.

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Answered on 7/21/11, 2:52 pm


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